ORDER N0.28646 INSURANCE LITIGATION Came to be heard this the 10th day of May 2004 with a motion made by Commissioner Letz, Seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-0-0, that the Commissioners Court has full authority over the E.B.A. litigation, including all decisions and expenditures, and that the point of contact for communication with Mr. Walraven will be the County Attorney. ~~~^1~~. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Jonathan Letz MEETING DATE: May 10, 2004 OFFICE: Commissioner, Pct. 3 TIME PREFERRED: 1:30 P.M. SUBJECT: (PLEASE BE SPECIFIC Consider and discuss clarifying Commissioner's Court authority over the EBA litigation and determining who the outside attorney reports to concerning this litigation. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) Pending litigation. NAME OF PERSON ADDRESSING THE COURT: Commissioner Pct. #3 ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. Excerpts from Commissioner's Court transcript March 8, 2004 Agenda Item 1.6 Commissioner Baldwin: ".....I would like to have updates occasionally in executive session, where someone would come to this court and let us know where we are and what is going on with it." Commissioner Letz: ".....David would give us in writing specifically, just so I `m aware when we get these updates, what we're -where the problem is, what the problem is specifically." March 23, 2004 Agenda Item 1.19 Judge Tinley: "It seems to me that the authorization given to the County Attorney at the last meeting authorized the County Attorney to take that action. That being the case, the communication initially would be to the County Attorney as being the point of contact, and then I would expect the County Attorney, then, to communicate to this court on an as-needed, as-required basis, and any ultimate decision made on any final resolution of the matter to be approved by the court. Do you see it any differently, Mr. Motley?" Mr. Motley: "Not substantially. The only thing I can think of that might be different, it would be probably be wise to have these interchanges in executive session." Later in the transcript, same agenda item Mr. Motley: "No, I told you I would try to keep the court informed ......" Comment: Based on the court transcripts, as referenced above and as stated numerous times in other places in the court transcript, both open and executive session, the County Attorney clearly has not kept the Commissioner's Court informed as to the status of the investigation. To me this is a violation of the agreement and court orders made concerning this matter. Jonathan Letz County Judge and Commissioners I have visited with Mr. Walraven and he is planning to be at Commissioner's Court at 1:30 to discuss the EBA litigation. Chronolo~y Date A ends Item 2/09/04 (1.6) Consider and discuss authorizing County Attorney to retain litigation attorney (s) on a contingent fee basis to investigate and pursue claims or other remedies against Employee Benefit Administrators and/or others arising out of payment by Kerr County of health care funds to Em to ee Benefit Administrators. 2/23/04 (1.19) Receive, consider and discuss report and status of civil attorney hired by County Attorney to pursue health insurance claim and determine reporting schedule and clari who the civil attorne re orts to. 2/23/04 (2.1) All pending and possible litigation as per Section 551.072, Government Code, including claim for reimbursement from Employee Benefit Administrators and/or others, or other remedies, for health insurance funds reviousl aid. 3/8/04 (1.10) Consider and discuss if the County Attorney represents the Commissioners and County Judge in civil and criminal matters related to the health insurance claim. 3/8/04 (2.3) Report, consider and discuss report and status of civil attorney hired by County Attorney to pursue health insurance claim as per Section 551.071(1)(a), Government Code. 3/22/04 (2.3) Report, consider and discuss report and status of civil attorney hired by County Attorney to pursue health insurance claim as per Section 551.071(1)(a), Government Code. 4/12704 Report, consider and discuss report and status of civil attorney hired by County Attorney to pursue health insurance claim as per Section 551.071(1)(a), Government Code. Order 2851 G Litigation Attorney Came to be heard this the 92h day of February 2004 with a motion made by Commissioner Nicholson, Secondui by Cornrnissioner Baldwin, the Court Haan#u:ously approved by a vote of 4-U-o, to authorize the County Attorney to retain a litigation attorney on a contingent fee basis up to 40% contingency fee and a $250Q,Q4 expense cap to investigate and pursue claims oar other zetnedies against Employee Benefit Administrators and/or others arising out of payment by Kerr County of health care funds to ~mplayee Benefit Administrators. 4 ~d Wd6€ :80 b~~ Sit 'r~pW ~trZZS660€8 'Ohd Xd~ W0.'J~ ORDER NQ. 281s42 AUTHQRIZE T1